Loading...
HomeMy WebLinkAboutRES NO 192-19X-Ref.JqLJ_CJ_-2_4V RESOLUTION NO.- 92- 19 T__ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAKERSFIELD APPROVING THE ISSUANCE OF THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY MULTIFAMILY HOUSING REVENUE BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $22,000,000 FOR THE PURPOSE OF FINANCING OR REFINANCING THE ACQUISITION, CONSTRUCTION, IMPROVEMENT AND EQUIPPING OF BRENTWOOD CROSSING APARTMENTS AND CERTAIN OTHER MATTERS RELATING THERETO WHEREAS, Bakersfield Brentwood LP (the "Borrower") a partnership of which The Danco Group (the "Developer") or a related person to the Developer is the general partner, has requested that the California Municipal Finance Authority (the "Authority") adopt a plan of financing providing for the issuance of exempt facility bonds for a qualified residential rental project pursuant to Section 142(a)(7) of the Internal Revenue Code of 1986 (the "Code") in one or more series issued from time to time, including bonds issued to refund such exempt facility bonds in one or more series from time to time, and at no time to exceed $22,000,000 in aggregate principal amount (the "Bonds"), to finance or refinance the acquisition, construction, improvement and equipping of a multifamily rental housing project located at 7350 Willis Avenue, Bakersfield, California (the "Project"); and WHEREAS, pursuant to Section 147(f) of the Code, the issuance of the Bonds by the Authority must be approved by the City of Bakersfield (the "City") because the Project is located within the territorial limits of the City; and WHEREAS, the City Council of the City (the "City Council") is the elected legislative body of the City and is one of the "applicable elected representatives" required to approve the issuance of the Bonds under Section 147(f) of the Code; and WHEREAS, the Authority has requested that the City Council approve the issuance of the Bonds by the Authority in order to satisfy the public approval requirement of Section 147(f) of the Code and the requirements of Section 4 of the -Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority, dated as of January 1, 2004 (the "Agreement"), among certain local agencies, including the City; and WHEREAS, pursuant to Section 147(f) of the Code, the City Council has, following notice duly given, held a public hearing regarding the issuance of the Bonds, and now desires to approve the issuance of the Bonds by the Authority. OR;G;NAL NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Bakersfield as follows: I The City Council finds and declares that the foregoing recitals are true and correct and are incorporated herein by reference. 2. The Council hereby approves the issuance of the Bonds by the Authority for the purposes of financing and refinancing, among other things, the Project. It is the purpose and intent of the Council that this resolution constitute approval of the issuance of the Bonds by the Authority for the purposes of (a) Section 147(f) of the Code by the applicable elected representative of the governmental unit having jurisdiction over the area in which the Project is located, in accordance with such Section 147(f), and (b) Section 4 of the Agreement. 3. The issuance of the Bonds shall be subject to the approval of the Authority of all financing documents relating thereto to which the Authority is a party. The City shall have no responsibility or liability whatsoever with respect to the Bonds. 4. The adoption of this Resolution shall not obligate the City or any department thereof to (i) provide any financing to acquire or construct the Project or any refinancing of the Project; (ii) approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary for the acquisition, construction, rehabilitation, installation or operation of the Project; (iii) make any contribution or advance any funds whatsoever to the Authority; or (iv) take any further action with respect to the Authority or its membership therein. 5. The City Manager of the City and his designees are hereby authorized and directed to do any and all things and to execute and deliver any and all documents that they deem necessary or advisable to carry out, give effect to, and comply with the terms and intent of this resolution and the financing transaction approved hereby. 6. The City Clerk shall attest and certify to the passage and adoption of this Resolution and it shall become effective immediately upon its approval. t: 0 (2) 0 A iGA A L HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on DEC 1 17019 , by the following vote: ✓ ✓ ✓ ✓�/ YES:' COUNCIL MEMBER RIVERA, GONZALES, WEIR, SMITH, FREEt N, SULLIVAN, PARLIER NOES: COUNCIL MEMBER Nqc' ,_ ABSTAIN: COUNCIL MEMBER Ntwl BSE COUNCIL MEMBER -I NIrl. J LIE DRIMAKIS, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED DEC 112019 By �' 1q- '( KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney 4By J SHUA H. RUDNICK 4IBy City Attorney JHR/vlg S:\COUNCIL\Resos\18-19\BrentwoodCrossingTEFRA.Reso.docx �AKF9 v �QR:G:NAI